Chapter 51. General Provisions
TITLE 29
State Government
Public Officers and Employees
CHAPTER 51. GENERAL PROVISIONS
§ 5101. Oath of office; fee.
Every person elected or appointed to any public office of trust or profit in this State, before entering upon the duties of such office, shall take and subscribe the oaths or affirmations set forth in article XIV of the Constitution. Such oaths, reduced to writing, duly signed and certified, shall be recorded in the office of the recorder of the county of the official's residence. No fee shall be required by the recorder of any person appointed by the Governor to serve as a volunteer member of an advisory council.
Code 1852, §§ 435, 440; Code 1915, § 377; Code 1935, § 346; 29 Del. C. 1953, § 5101; 61 Del. Laws, c. 387, § 2.;
§ 5102. Oath to support Constitution.
Every officer and employee of the State or any political subdivision thereof shall take an oath to support and defend the Constitution of the United States and the Constitution of the State before commencing duties as such officer or employee.
48 Del. Laws, c. 264, § 1; 29 Del. C. 1953, § 5102; 70 Del. Laws, c. 186, § 1.;
§ 5103. Payment of debts as condition of employment.
No agency of the State shall employ or retain upon its payroll any person who refuses or neglects to make an effort to pay, by making regular partial payments on any unsecured debt, duly contracted for by such person while in the employ of the State. Whoever refuses or neglects to comply with or violates this section shall thereafter be disqualified for membership or employment on any such agency.
40 Del. Laws, c. 79, §§ 1, 2; Code 1935, § 444; 29 Del. C. 1953, § 5103.;
§ 5104. Saturday as holiday.
Saturday shall be a legal holiday throughout each year for all elective and appointive officials, deputies, clerks and other employees of the State, except members of the State Police, employees of the Department of Safety and employees assigned to rotating and shift work. Saturday shall be a holiday for employees of the Department of Safety throughout the year excepting the last 2 Saturdays of each quarter. During the periods stated, state offices affected hereby shall not be open for business on Saturdays.
Code 1935, § 3321; 47 Del. Laws, c. 247; 48 Del. Laws, c. 197; 48 Del. Laws, c. 297, §§ 1, 2; 29 Del. C. 1953, § 5104.;
§ 5105. Leave of absence for military service; pension rights; term of successor appointees.
(a) In the case of any employee of this State who is called to the service of or voluntarily enters the armed forces of the United States or the National Guard of the State, when in continuous active service, the state agency, board, department or other employing officer or agency of this State employing such employee shall grant to such employee a leave of absence which shall cover the entire period of such employee's service, not exceeding 5 years or until the term of service to which such employee has been called or volunteered has been terminated. Upon the completion of such leave of absence and service, such employee shall be reinstated in the position held at the time that such leave of absence was granted, and such employee shall be continued in employment under the same terms and conditions as if such employee had been in the continuous service of such employing agency during the period of the leave of absence.
(b) Any employee of the State taking a leave of absence authorized by subsection (a) of this section who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty to augment active forces for any operational mission, shall continue to receive that employee's own state compensation during the initial period of active duty prescribed by the military, to be reduced by any military compensation received. While on such leave of absence, for a period not to exceed 2 years, the employee and the employee's dependents shall continue to receive benefits provided under the State's group health insurance plan, provided that the employee continues to pay any employee-share premium for such plan. The Office of Management and Budget shall develop any rules and regulations necessary to implement the provisions of this subsection. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to State compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later.
(c) For the purpose of subsection (b) of this section state compensation shall be limited to base salary. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation.
(d) In the event that any state employee who shall have entered the armed services under a leave authorized by subsection (a) of this section shall have been employed in any agency of the state government having a pension plan for employees or which shall come under any pension plan enacted or to be enacted by the General Assembly of the State, the time spent by such employee in the armed services shall accrue to such employee's benefit in establishing such employee's right to a pension. If during the time any such employee shall be in the armed services the total time spent actually as an employee plus the time spent in the armed services shall equal that period of time necessary to establish the right to retirement and to a pension, such employee shall upon application to the proper agency having jurisdiction be entitled to retirement and the pension prescribed by the rules of that agency in the same manner and with the same effect as if such employee had spent all of the required time in the actual employment of that agency.
(e) This section shall be retroactive to protect the rights of any employee who shall have qualified as provided in this section prior to April 24, 1945, and such employee shall be entitled to all such pension money as shall have accrued since the time of having so qualified.
Any person who may be appointed to replace any employee referred to in subsections (a)-(e) of this section shall be appointed only for the period covered by the leave of absence granted pursuant to subsection (a) of this section.
43 Del. Laws, c. 84; 45 Del. Laws, c. 105; 29 Del. C. 1953, § 5105; 68 Del. Laws, c. 21, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 429, § 2; 74 Del. Laws, c. 190, § 2; 74 Del. Laws, c. 421, § 2; 75 Del. Laws, c. 88, § 20(6); 75 Del. Laws, c. 234, § 2; 75 Del. Laws, c. 429, § 1.;
§ 5106. Employee salary deductions.
(a) Upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee's salary such sum as the employee shall direct for state provided employee benefits. Effective upon the implementation of the new payroll system, deductions shall be in equal amounts and withheld from all paychecks received by the employee, with the exception of deductions for employee health, life and dental insurance premiums which shall be withheld from the first 2 paychecks received during any month. The Secretary of Finance will set forth rules of practice and procedure with regard to employee deductions.
(b) For employee salary deductions excluding state provided employee benefits: upon receipt of written authorization from any state employee, the Secretary of Finance shall deduct from the employee's salary such sum as the employee shall in writing direct for deductions. Deductions shall be withheld from all paychecks received by the employee, with the exception of dues paid to the American Federation of State, County and Municipal Employees, which shall be withheld from the first 2 paychecks received during any month. The Secretary of Finance will set forth rules of practice and procedure with regard to deductions for employees.
(c) Subsection (b) of this section shall not be effective until implementation has been approved by the State Treasurer, Secretary of Finance, Director of the Office of Management and Budget and Controller General.
(d) Salary reductions voluntarily taken pursuant to subsection (b) of this section shall not affect the compensation used in the calculation of pension benefits under any state pension plan.
42 Del. Laws, c. 75, §§ 1, 2; 29 Del. C. 1953, § 5106; 54 Del. Laws, c. 190; 56 Del. Laws, c. 53, § 1; 68 Del. Laws, c. 84, § 63; 69 Del. Laws, c. 64, § 114; 71 Del. Laws, c. 354, §§ 34-36; 72 Del. Laws, c. 94, § 128; 72 Del. Laws, c. 258, § 32; 75 Del. Laws, c. 88, §§ 21(13), 26(2).;
§ 5107. Cancellation of bond on expiration of term; petition; notice; order of Court.
(a) At any time after the expiration of the term of office of any state or county officer in this State who is required to give bond or other obligation with surety for the faithful performance of duties as such officer, such officer may present a petition to the Superior Court of the particular county in which the bond or other obligation is filed or recorded in such form as shall be prescribed by the Court, stating all of the facts proper and necessary to lay before the Court and the reasons for asking that the bond or other obligation theretofore entered into by such officer should be cancelled and satisfied of record.
(b) Before any hearing shall be had upon the petition, the petitioner shall cause a copy of the petition to be published in 1 or more newspapers published in the county at least once a week for 3 successive weeks, and in addition thereto the Court may require such additional notice of the filing of the petition as it deems advisable.
(c) Upon the presentation of any such petition, by such officer, as stated in subsection (a) of this section, to the Superior Court of the particular county in which the bond or obligation is filed or recorded, the Court shall inquire into all the facts and circumstances of the particular case, and, if satisfied from the evidence presented that the officer has performed all of the duties lawfully required of the officer and has properly accounted for all moneys or other property or things of value coming into the officer's hands as such officer and there are no reasons why the bond or other official obligation of such officer should not be cancelled and satisfied of record, then the Court may make an order that the bond or other official obligations of such officer be cancelled and that the recorder of deeds of the county where the bond or other official obligation is recorded shall mark the same satisfied of record.
36 Del. Laws, c. 111, §§ 1, 2; Code 1935, §§ 351, 352; 46 Del. Laws, c. 55; 29 Del. C. 1953, § 5107; 70 Del. Laws, c. 186, § 1.;
§ 5108. Action against officer for state moneys.
Action may be brought in the name of the State against any officer for money received by or legally chargeable to the officer for fines, forfeitures or fees appertaining to the funds of the State.
Code 1852, § 2244; Code 1915, § 4095; Code 1935, § 4586; 29 Del. C. 1953, § 5108; 70 Del. Laws, c. 186, § 1.;
§ 5109. Meetings of state boards and commissions; executive sessions.
Repealed by 60 Del. Laws, c. 641, § 4, eff. Jan. 1, 1977.
§ 5110. Election of employee to public office; leave.
In the event any employee of this State, including any employee of the public schools, is elected to any public office provided for by the Constitution of the State or the Delaware Code, such employee shall be granted such leave of absence without pay as is reasonable and necessary to perform the duties in such office. Upon the completion of such leave, the employee shall be reinstated in the position which the employee held at the time such leave of absence was granted.
29 Del. C. 1953, § 5110; 52 Del. Laws, c. 93; 70 Del. Laws, c. 186, § 1.;
§ 5111. Benefits to surviving spouse of persons elected to state or county office.
Whenever a person who has been elected to any office of the State or the counties by the qualified voters of the State shall die while in office and shall leave a spouse surviving, an amount equal to one half of the salary which would have been paid to such person for the unexpired term of such office shall be paid to the surviving spouse from the state or county general fund, as the case may be, in the same manner as previously paid to the person in office.
29 Del. C. 1953, § 5111; 53 Del. Laws, c. 407; 54 Del. Laws, c. 33, §§ 1, 2.;
§ 5112. Employees not to be supplied with, nor reimbursed for, food consumed during working hours; exceptions.
(a) No full-time employee of the State whose salary is paid by the State shall receive any additional stipend for the purchase of food, be supplied with food or be reimbursed for food that was consumed during normal working hours within the State.
(b) Subsection (a) of this section shall not apply to:
(1) Employees of state agencies who regularly receive wages in kind in addition to their salaries;
(2) Employees of the Delaware Economic Development Office;
(3) The expenditures of funds for food supplies as part of employee recognition activities established pursuant to § 5950 of this title;
(4) The expenditures of funds for food supplied as part of an agency training function, such as a retreat or workshop, held away from the agency's home location.
(5) State Police recruits during the period of their training; or
(6) Circumstances where approval has been granted by the Director of the Office of Management and Budget and the Controller General.
29 Del. C. 1953, § 5112; 53 Del. Laws, c. 401, § 9; 62 Del. Laws, c. 393, § 1; 67 Del. Laws, c. 444, § 2; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 118, § 29; 73 Del. Laws, c. 310, § 4; 75 Del. Laws, c. 88, § 21(13).;
§ 5113. Leave for olympic competition.
(a) The State shall grant to any employee leave from employment to participate as a member of the United States Team in any competition sanctioned by the United States Olympic Committee. Any leave so granted shall not exceed the time required for actual participation in the competition, plus a reasonable time for travel and return from the site of the competition and a reasonable time for precompetition training with the team at the site, or 90 working days, whichever is less. The State shall compensate the employee at the employee's regular rate of pay during any leave granted for participation in such olympic competition. Pay for each day of leave shall not exceed the amount the employee would receive for a standard workday and the employee shall not be paid for any day spent on such leave for which the employee would not ordinarily receive pay as part of the employee's regular employment.
(b) For purposes of subsection (a) of this section the term "employee" includes all those individuals who are employed by the State and receive a paycheck from the State for such work as they normally do for the State.
(c) For the purposes of subsection (a) of this section the term "United States Team" includes any group leader, coach, official, trainer or athlete who is a member of the official delegation of the United States in competition sanctioned by the United States Olympic Committee.
(d) The State Personnel Commission shall implement this section by the adoption of appropriate rules and regulations.
61 Del. Laws, c. 538, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5114. Membership in Blood Bank of Delaware.
(a) The State shall pay the annual dues for membership in Blood Bank of Delaware for each officer, employee and retiree of the State not otherwise covered under an individual or group program of Blood Bank of Delaware. Officers, employees and retirees otherwise covered by an individual or group plan may elect the benefits provided by this section.
(b) For the purpose of this section, an employee is one who works at least 30 hours per week, 130 hours per month or the regularly scheduled fulltime hours of the employing agency.
(c) Membership in Blood Bank of Delaware provides dependent coverage; therefore, where spouses are employees or retirees of the State, either may choose membership and no monetary benefit shall accrue to the other spouse.
(d) All persons receiving the benefits of this section must comply with Blood Bank of Delaware membership obligations.
(e) The Director of the Office of Management and Budget shall be responsible for the administration of this section.
63 Del. Laws, c. 80, § 41; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 77; 72 Del. Laws, c. 204, § 2; 75 Del. Laws, c. 88, § 20(6).;
§ 5115. Protection of public employees reporting suspected violation of law.
(a) For purposes of this section, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "Public employee" shall mean any full-time or part-time employee of the State, its school districts, or a county or municipal government.
(2) "Elected official" shall mean the Auditor of Accounts, a state, school district, county or municipal official elected by popular vote of same and employees of said offices.
(b) No public employee shall be discharged, threatened or otherwise discriminated against with respect to the terms or conditions of employment because that public employee reported, in a written or oral communication to an elected official, a violation or suspected violation of a law or regulation promulgated under the law of the United States, this State, its school districts, or a county or municipality of this State unless the employee knows that the report is false.
(c) An employee who alleges a violation of this section may bring a civil action for appropriate injunctive relief, actual damages, or both, within 90 days after the occurrence of the alleged violation of this section.
64 Del. Laws, c. 97, § 1; 69 Del. Laws, c. 230, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5116. Leave of absence upon adoption of child.
(a) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section is entitled to 6 weeks unpaid leave upon the adoption of a minor child. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation leave nor sick leave shall be accumulated during such leave of absence without pay under this section.
(b) Any employee of the State who has been continuously employed on a full-time basis for at least 1 year at the time of application for leave under this section shall be entitled to utilize accumulated sick leave to travel out of the United States for the purpose of adopting a child from a foreign country. Before leave shall be granted the employee must provide documentation that they have applied for the adoption and that the travel is required for the adoption to be approved. Once the adoption has been approved the employee's leave will be pursuant to the Family and Medical Leave Act, [29 U.S.C. § 2601 et seq.]. Said employee shall be entitled to be reinstated in the position held at the time of the granting of the leave of absence. Neither vacation nor sick leave shall be accumulated during such leave of absence, either with or without pay, under this subsection.
(c) The State Personnel Commission is empowered to adopt appropriate rules and regulations to implement this section.
64 Del. Laws, c. 419, § 1; 75 Del. Laws, c. 115, §§ 1, 2.;
§ 5117. Employees neither supplied with, nor reimbursed for, parking expenses associated with commutation to work; exceptions.
(a) No state agency may rent parking spaces for employees' or state officials' private vehicles. It is the intent of this section to clearly establish that state employees are liable for the full cost of commuting to and from work, including the cost of parking, and that the State will not participate in the payment of any of that commuting cost, including parking costs.
(b) This section does not alter the existing policy of reimbursing employees for expenses incurred while traveling on state business.
(c) Subsection (a) of this section shall not apply to the use of rented parking spaces, as part of an approved employee recognition program established pursuant to § 5950 of this title.
(d) Subsection (a) of this section shall not apply to any commuter benefit approved by the Department of Transportation pursuant to 30 Del. C. Chapter 20, subchapter V.
65 Del. Laws, c. 87, § 25; 67 Del. Laws, c. 444, § 3; 68 Del. Laws, c. 426, § 1.;
§ 5118. Unauthorized use of state mail services and/or state-paid-for postage.
(a) Any person who uses state mail services and/or state-paid-for postage for such person's own personal use or for the benefit or use of any person, committee, organization or association not entitled thereto is guilty of a class C misdemeanor and shall be fined not more than $300 per each occurrence.
(b)(1) Except as otherwise provided in this subsection all envelopes, wrappers, labels or cards used to transmit state-paid-for mail shall bear in a conspicuous manner the words "OFFICIAL BUSINESS, PENALTY FOR PRIVATE USE $300" and an endorsement above the warning showing the name of the agency, authority, board, bureau, commission or office from which, or officer from whom, it is transmitted.
(2) The Executive Office of the Governor (DDB-10-01-01) may exempt themselves from the requirements of paragraph (1) of this subsection.
(c) Each House of the General Assembly shall prescribe for itself such rules and regulations which shall govern the use of state mail services and state-paid-for postage and it shall take such other action as it considers necessary and proper for the members and members-elect to conform to its rules.
66 Del. Laws, c. 55, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5119. Leave for volunteer emergency duty.
Any state employee, who is an active volunteer firefighter or active auxiliary member may, with the approval of the agency which employs such person, be permitted to respond to fire, rescue, ambulance or other emergency calls during regular hours of employment without loss of pay, vacation, sick leave or personal leave credit.
69 Del. Laws, c. 38, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5120. Paid leave for birth of a child or adoption of a child.
For child care purposes, a full-time or part-time employee shall be entitled to utilize accumulated sick leave upon the birth of a child of the employee or the employee's spouse, or upon the adoption by the employee of a pre-kindergarten age child as per the rules and regulations adopted by the Merit Employee Relations Board or State Personnel Office for maternity leave. Said regulations shall be issued within 30 days of July 16, 1999.
72 Del. Laws, c. 174, § 2.;
§ 5121. Leave for serving on veteran funeral detail.
Any state employee who is a veteran or a member of the National Guard Reserve may serve on 1 veteran funeral detail per calendar year without loss of pay, vacation, sick leave or personal leave credit.
73 Del. Laws, c. 76, § 1.;
§ 5122. Leave for bone marrow or organ donation.
(a) Definitions --
(1) "Bone marrow" means the soft material that fills human bone cavities.
(2) "Bone marrow donor" means a person from whose body bone marrow is taken to be transferred to the body of another person.
(3) "Organ" means a human organ that is capable of being transferred from the body of a person to the body of another person.
(4) "Organ donor" means a person from whose body an organ is taken to be transferred to the body of another person.
(b) In any calendar year, a state employee is entitled to the following leave in order to serve as a bone-marrow donor or organ donor:
(1) No more than 7 days of leave to serve as a bone marrow donor;
(2) No more than 30 days of leave to serve as an organ donor.
(c) A state employee may use the leave provided by this section without loss or reduction of pay, leave to which the employee is otherwise entitled, credit for time or service, or performance or efficiency rating.
(d) This section applies to employees who are included in a collective bargaining unit, unless a collective bargaining agreement contains provisions dealing with leave for bone marrow and organ donation.
73 Del. Laws, c. 76, § 1.;
§ 5123. Employee housing.
An agency may provide housing for an employee without reduction in salary provided such housing is on the site of the principal location of employment and further provided that the head of the department or agency has determined that such location of the employee is necessary to the operation of the agency and that the employee has no other employment. No agency shall provide an employee with a housing allowance or compensation for housing.
73 Del. Laws, c. 310, § 5.;
§ 5124. Unpaid leaves of absence.
(a) An unpaid leave of absence may not be granted to a state employee for the purpose of serving a term of incarceration imposed upon the employee after a conviction as defined in § 222(3) of Title 11.
(b) The term "state employee" means an employee in any position of state employment, except a constitutionally created position or an elected position. State employees include, but are not limited to: classified service positions; merit comparable positions; school district employees; and employees of the Delaware State Police.
77 Del. Laws, c. 11, § 1.;